• 항공우주정책ㆍ법학회지
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• 제1권
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• pp.47-85
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• 1989

The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

• 한국운동역학회지
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• 제15권3호
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• pp.117-132
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• 2005

It was to study a following research of "A Kinematic Analysis of Air-rolling-breakfall in Judo". The purpose of this study was to analyze the Center of Gravity(COG) variables when performing Air-rolling-breakfall motion, while passing forward over(PFO) to the vertical-hurdles(2m height, take off board 1m height) in judo. Subjects were four males of Y. University squad, who were trainees of the demonstration exhibition team, representatives of national level judoists and were filmed by four 5-VHS 16mm video cameras(60field/sec.) through the three dimensional film analysis methods.COG variable were anterior-posterior directional COG and linear velocity of COG, vertical directional COG and linear velocity of COG. The data collections of this study were digitized by KWON3D program computed The data were standardized using cubic spline interpolation based by calculating the mean values and the standard deviation calculated for each variables. When performing the Air-rolling-breakfall, from the data analysis and discussions, the conclusions were as follows : 1. Anterior-posterior directional COG(APD-COG) when performing Air-rolling-breakfall motion, while PFO over to the vertical-hurdles(2m height) in judo. The range of APD-COG by forward was $0.31{\sim}0.41m$ in take-off position(event 1), $1.20{\sim}1.33m$ in the air-top position(event 2), $2.12{\sim}2.30m$ in the touch-down position(event 3), gradually and $2.14{\sim}2.32m$ in safety breakfall position(event 4), respectively. 2 The linear velocity of APD-COG was $1.03{\sim}2.14m/sec$. in take-off position(event 1), $1.97{\sim}2.22m/sec$. gradually in the air-top position(event 2), $1.05{\sim}1.32m/sec$. in the touch-down position (event 3), gradual decrease and $0.91{\sim}1.23m/sec$. in the safety breakfall position(event 4), respectively. 3. The vertical directional COG(VD-COG) when performing Air-rolling-breakfall motion, while PFO to the vertical-hurdles(2m height) in judo. The range of VD-COG toward upward from mat was $1.35{\sim}1.46m$ in take-off position(event 1), the highest $2.07{\sim}2.23m$ in the air-top position(event 2), and after rapid decrease $0.3{\sim}0.58m$ in the touch-down position(event 3), gradual decrease $0.22{\sim}0.50m$ in safety breakfall position(event 4), respectively. 4. The linear velocity of VlJ.COG was $1.60{\sim}1.87m/sec$. in take-off position(event 1), $0.03{\sim}0.08m/sec$. gradually in the air-top position(event 2), $-4.37{\sim}\;-4.76m/sec$. gradual decrease in the touch-down position(event 3), gradual decrease and -4.40${\sim}\;-4.77m/sec$. in safety breakfall position(event 4), respectively. When performing Air-rolling-breakfall showed parabolic movement from take-off position to air-top position, and after showed vertical fall movement from air-top position to safety breakfall. In conclusion, Ukemi(breakfall) is safety fall method Therefore, actions need for performing safety fall movement, that decrease and minimize shock and impact during Air-rolling-breakfall from take-off board action to air-top position must be maximize of angular momentum, and after must be minimize in touch-down position and safety breakfall position.

• 한국항만경제학회지
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• 제37권1호
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• pp.159-178
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• 2021

본 연구는 뉴스 빅데이터 분석 서비스 빅카인즈(BIGKinds)를 활용하여 1991년부터 2020년까지 30년간의 86,611건의 뉴스기사를 통해 항만이슈변화를 분석하였다. 분석방법은 빅카인즈(BIGKinds)의 키워드분석, 워드클라우드, 관계도분석을 수행하였다. 지난 30년간의 이슈변화를 살펴본 분석결과를 정리하면 다음과 같다. 첫째, 1기(1991년~2000년)에서는 부산항, 인천항, 광양항 등 항만 자체적 측면에서 항만경쟁력을 강화하는데 초점이 맞춰졌다. 2기(2001년~2010년)에는 항만을 개별적으로 관리하는 노력에서 발전되어 항만을 보다 전문적이고 체계적으로 관리하기 위해 부산항만공사(2004년 설립), 인천항만공사(2005년 설립), 울산항만공사(2007년 설립) 등 항만공사를 중심으로 항만을 특화시키고 관리하고자 하는 움직임이 활발히 이루어졌다. 3기(2011년~2020년)에서는 미래형 항만을 위해 준비하는 기간으로 친환경·스마트항만이 주요 이슈였다. 항만에서 발생하는 미세먼지와 오염물질을 줄이려는 노력이 심화되었으며, 항만자동화 및 디지털화를 통해 스마트항만을 구축하려는 시도가 높아졌다. 마지막으로 2020년은 코로나19라는 전 세계의 예기치 못한 변수로 인해 항만분야에도 큰 타격을 준 한해였다. 좀 더 미시적으로 코로나19사태가 항만분야에 어떻게 영향을 미치는지를 살펴보기 위해 2019년과 2020년의 이슈변화를 살펴보았다. 코로나19 이후 항만산업을 포함한 해운업은 미래형 항만으로 발전시켜 나가는 흐름과 더불어 포스트코로나시대를 준비해야하는 어느 때보다 역동적인 변화가 나타나는 시기로 나타났다. 본 연구는 항만관련 뉴스기사를 중심으로 이슈변화의 시사점을 도출한 연구로서, 연구결과를 기반으로 향후 여러 국가의 항만이슈들을 비교 분석하고 항만의 경쟁력과 지속가능한 발전전략을 제시하는 등 심층적인 연구가 이루어진다면 항만연구분야에 학문적 성장이 한걸음 더 이루어질 것으로 보인다.